Criminal Law

Have you ever found yourself having too much to drink at an office party and having to drive home scared of being apprehended by the Police? Drinking and driving is seen as a crime.

But what is a crime? A crime is conduct which law prohibits and subjects to punishment by the state. Crimes in South Africa are regulated by criminal law. The function of criminal law is to provide a social mechanism with which to force members of society to abstain from conduct that is harmful to the interest of society. Criminal law is a system of law that is concerned with the punishment of offenders. Criminal matters are instituted by way of a summons.

In South Africa the prosecutor decides who to charge and what charge to bring. When it has been established with reasonable certainty that a particular person was responsible for a crime and what the particulars of the crime were, steps must be taken to ensure that the suspect will appear in court to be tried for the crime concerned.

The different methods that may be followed to achieve this outcome are: issuing a summons, issuing a written notice to appear, serving an indictment on the accused , arresting the suspect ,warning the suspect or accused to appear in court. The charge must contain the following: the time of the offence; the place of the offence; the person against whom the offence was committed and the property in respect of which the offence was committed.

The accused must then give reasonable notice to the prosecution of his intention to object to the charge, unless the prosecution waives notice. When it comes to criminal matters, it is best to contact an attorney to know what rights are afforded in this regard.

Our firm consists of a dynamic legal team who is there for you every step of the way in any criminal law matter.